§ 860.


Upon the receipt of a written request for a variance by any holder of or applicant for a conditional use permit under this Article, the Director shall hold a public hearing on the matter, at which any and all interested persons, bureaus and departments shall be heard.

After such public hearing the Director shall have the power to grant and issue, through the Central Permit Bureau, variances from the requirements and provisions set forth in this Article, if he finds that compliance with said requirements and provisions will result in an arbitrary or unreasonable taking of property, or in the practical elimination of any lawful business, occupation or activity, in either case without a sufficient corresponding benefit or advantage to the people in the improvement or protection of the public health, safety or general welfare. In so doing he shall prescribe other or different requirements of not more onerous application with respect to the storage or disposal of waste material; provided, however, that no variance may permit or authorize the maintenance of a nuisance or be in conflict with other applicable law.

In determining under what conditions and to what extent a variance is necessary and will be permitted, the Director shall exercise a wide discretion in weighing the equities involved and the advantages and disadvantages to the residents of the City and County of San Francisco and to any lawful business, occupation or activity involved, resulting from requiring compliance with said requirements or resulting from the granting of a variance.

The Director in granting any variance may specify the time during which such order will be effective, in no event exceeding one year, but such variance may be continued from year to year without another hearing on the approval of the Director.


(Added by Ord. 25-61, App. 2/9/61)


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